Legal Opinion

In re Chelsea Antoinette A.

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 2011PublishedCited by 3 opinions

1Opinion of the Court

Respondent did not meet her burden of establishing a reasonable excuse for her default and a meritorious defense to this proceeding (see CPLR 5015 [a] [1]; Matter of Jones, 128 AD2d 403 [1987]). She failed to substantiate her excuse that her train to the courthouse was late by submitting either an affidavit by someone with personal knowledge of the facts or official documentation of a delay in public transportation (see Adefioye v Volunteers of Am., 222 AD2d 246 [1995]). She failed to controvert the allegation of permanent neglect by presenting competent evidence that she had taken measures…

2Cases cited5 opinions

  1. In re Leon RRNew York Court of Appeals · 1979
  2. In re JonesAppellate Division of the Supreme Court of the State of New York · 1987
  3. In re Male J.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Adefioye v. Volunteers of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. In re Lorenda M.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Matter of Joshua E. R. (Yolaine R.)Appellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Elysia R.M. (Shamaya M.)Appellate Division of the Supreme Court of the State of New York · 2018
  3. P & S 95th Street Associates, LLC v. Nilde RealtyAppellate Division of the Supreme Court of the State of New York · 2016

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